HomeMy WebLinkAboutResolution No. 10-7229 - GPA 10442 Lakewood BoulevardRESOLUTION NO. 10– 7229
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING AN AMENDMENT TO THE CITY’S GENERAL PLAN AND LAND
USE DIAGRAM, CHANGING THE GENERAL PLAN DESIGNATION OF THE
PROPERTY AT 10441 -45 LAKEWOOD BOULEVARD FROM GENERAL
COMMERCIAL (GC) TO NEIGHBORHOOD COMMERCIAL (NC) AND
ADOPTING A NEGATIVE DECLARATION.
WHEREAS, in January 2005, the City of Downey adopted a new General Plan (Vision
2025), which guides the City’s growth over the next 20 years
WHEREAS, An application was filed by Mr. and Mrs. James Phillipy, (hereinafter
"applicant'’) requesting to change the General Plan designation for property at 10441-10445
Lakewood Boulevard from General Commercial (GC) to Neighborhood Commercial (NC) and
the zoning designation from R-1 5,000 (Single Family Residential) to C-1 (Neighborhood
Commercial) (hereinafter “subject property”), AIN: 6252-002-032; and,
WHEREAS, on September 15, 2010, pursuant to the requirements of CEQA, a Notice of
Intent to adopt a Negative Declaration was filed with the Los Angeles County Recorders office;
and
WHEREAS, on October 6, 2010, after conducting a duly noticed Public Hearing, the
Planning Commission adopted Resolutions No. 10-2670 and 10-2671, thereby recommending
that the City Council adopt the Negative Declaration, approve a General Plan Amendment and
Zone Change; and,
WHEREAS, on October 14, 2010, notice of the proposed project was published in the
Downey Patriot; and,
WHEREAS, on October 26, 2010, the City Council, after conducting duly-noticed Public
Hearing, and after fully considering all oral and written testimony and facts and opinions offered
at the aforesaid Public Hearing, adopted Resolution No.10 – 7229, approving this General Plan
Amendment (PLN-10-08048).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION I. The City Council finds, determines and declares that after preparing an
Initial Study in compliance with the requirements of the California Environmental Quality Act,
which found that there would be no significant environmental impacts created by the proposed
General Plan Amendment, a Negative Declaration was prepared. Based on its own
independent judgment that the facts stated in the initial study are true, the City Council hereby
finds that the approval of the General Plan Amendment will not have any potential negative
environmental impacts
SECTION 2. Having considered all of the oral and written evidence presented to it at
said Public Hearings, the City Council further finds, determines and declares
A.Consistency. That the proposed General Plan Amendment is consistent
with all other goals, policies, programs and land uses of applicable
elements of the General Plan.
The subject site’s location, immediately adjacent to existing C-1 (Neighborhood
Commercial) and R-1 5,000 (Single-Family Residential) zoned properties, is
RESOLUTION NO. 10– 7229
PAGE TWO
appropriate for a Neighborhood Commercial (NC) designation. This General Plan
designation allows for C-1 (Neighborhood Commercial) development which
works as a buffer between the General Commercial uses to the north and the
residential uses to the west, east and south. Vision 2025 General Plan Policy
1.1.4 states, “Provide an appropriate amount of land area for people to acquire
goods and services." This policy is irnplemented with Programs 1.1.4.2 and
1.1.4.6 which respectively state, “Establish 'Neighborhood Commercial’ areas for
land uses that draw from a customer base in the immediate surrounding
neighborhood.” and “Concentrate smaller commercial uses in neighborhood
nodes” As such, the proposed General Plan Amendment is consistent,
B.Adverse Effects. That the proposed General Plan Amendment will not
adversely affect surrounding properties or the surrounding environment.
The Neighborhood Commercial (NC) designation at the subject site, allows for C-
1 (Neighborhood Commercial) development which works as a buffer between the
General Commercial uses to the north and the residential uses to the south, west
and east. To emphasize the need for buffers between uses, Vision 2025 General
Plan Policy 1.3.1 states, “Minimize or eliminate conflicts where incompatible land
uses are in proximity to each other.” This policy is implemented with Programs
1.3.1.2 and 1.3.1.4 which respectively state; “Promote certain land use
designations or land use buffers between incompatible land uses.” and “Consider
the placement of buildings to serve as buffers between incompatible land uses.”
This General Plan amendment will not cause an adverse affect to surrounding
properties and will be beneficial to the surrounding area since it will allow for said
buffer between incompatible uses.
C Public Health, Safety, and Welfare. That the proposed General Plan
Amendment promotes the public health, safety, and general welfare and
serves the goals and purposes of this article.
As mentioned, the site’s current General Plan designation is General Commercial
(GC). According to Vision 2025 General Plan
“The General Commercial designation allows for a full range of
commercial uses including shopping centers, automobile dealerships,
hotels, etc. [.. .] Since uses consistent with the General Commercial
designation are typically more intense, the General Commercial
designations are appropriate in areas with larger lot sizes which afford
greater buffers to adjacent land uses.”
In contrast, a Neighborhood Commercial designation at this site would allow for
commercial uses that draw from a customer base from the immediate
neighborhood. In addition, businesses and uses are typically smaller in scale and
are intended to be located in “neighborhood nodes” such as properties adjacent
to street intersections or near residentially-intense areas. The subject site’s
location immediately adjacent to residential uses is not conductive to the
development of GC (General Commercial) uses as it is currently designated but,
would be appropriate if designated as a Neighborhood Commercial (NC) property
as are the properties immediately to the north of it. These properties, in addition
to the subject property, work as a buffer between the General Commercial uses
to the north and the residential uses to the south, west and east. Thus, the
RESOLUTION NO. 10 – 7229
PAGE THREE
proposed General Plan Amendment will promote the public health, safety and
welfare of the community.
D.Conflicts. That the proposed General Plan Amendment will not conflict with
provisions of this article, including the City’s subdivision ordinance.
The proposed General Plan Amendment will not conflict with provisions of Article
IX, Land Use since it has been filed concurrently with a zone change to bring the
subject site into compliance with the Neighborhood Commercial (NC) General
Plan designation and C-1 (Neighborhood Commercial) zone. As such, the
proposed General Plan Amendment will not conflict, subject to the approval of
the concurrently submitted zone change.
SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution,
the City Council of the City of Downey hereby adopts a Negative Declaration and approves this
General Plan Amendment (PLN-10-08048), thereby changing the General Plan designation of
the property at 10441-45 Lakewood Boulevard from General Commercial (GC) to Neighborhood
Commercial (NC).
SECTION 4. The City Clerk shall certify to the adoption of this Resolution
APPROVED AND ADOPTED this 26th, day of October, 2010.
ANNE M. BAYER, Mayo
ATTEST:
-KhMuA:#.KATHLEEN L. MI
Ada
DSTOKKE, City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council
of the City of Downey at a regular meeting thereof held on the 26th day of October, 2010 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN :
Council Members: Brossmer, Gafin, Mayor Bayer
Council Member: Guerra
Council Member: Marquez
Council Member: None